totality of the circumstances test (Wyoming) · Go Syfert
← Wyoming issues

totality of the circumstances test in Wyoming

11 Wyoming opinions name it 1 courts 1988–2022 1 in the last five years

The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Kolb v. Stategreen
wyo · 1996 · cited in 1 Wyoming opinions naming this issue, 2022–2022
1 sentence

2022Kolb v. State, 930 P.2d 1238, 1244 (Wyo. 1996); Barrientos v. State, 279 So.3d 256 , 259-60 (Fla. Dist.

11
Feeney v. Stategreen
wyo · 2009 · cited in 1 Wyoming opinions naming this issue, 2010–2010
2 sentences

2010Leyva, ¶ 13, 220 P.3d at 794-95; Feeney v. State, 2009 WY 67, ¶ 22 , 208 P.3d 50, 57 (Wyo.2009).

2010Leyva, ¶ 13, 220 P.3d at 794-95; Feeney v. State, 2009 WY 67, ¶ 22 , 208 P.3d 50, 57 (Wyo.2009).

11
United States v. Terry L. Woodgreen
ca10 · 1997 · cited in 1 Wyoming opinions naming this issue, 2003–2003
2 sentences

2003Although proper documentation of ownership or legal possession of a vehicle can be crucial in ascertaining whether criminal activity is in progress, Officer Rettinger did not believe that Damato possessed a stolen car, and the failure to ask Damato for an explanation about the discrepancies requires that we find that the officer based suspicion upon mere inconsistency, which is prohibited. [¶25] Finally, the luggage in the back seat and fast food wrappers on the car floor can be said to describe “a very large category of presumably innocent travelers and any suspicion associated with these ite

2003Although proper documentation of ownership or legal possession of a vehicle can be crucial in ascertaining whether criminal activity is in progress, Officer Rettinger did not believe that Damato possessed a stolen car, and the failure to ask Damato for an explanation about the discrepancies requires that we find that the officer based suspicion upon mere inconsistency, which is prohibited. [¶ 25] Finally, the luggage in the back seat and fast food wrappers on the car floor can be said to describe "a very large category of presumably innocent travelers and any suspicion associated with these it

11
Buckles v. Stategreen
wyo · 2000 · cited in 1 Wyoming opinions naming this issue, 2002–2002
2 sentences

2002Martindale v. State, 2001 WY 52, ¶ 11 , 24 P.3d 1138, 1141 (Wyo.2001); Buckles v. State, 998 P.2d 927, 930 (Wyo. 2000).

2002Martindale v. State, 2001 WY 52, ¶ 11 , 24 P.3d 1138, 1141 (Wyo.2001); Buckles v. State, 998 P.2d 927, 930 (Wyo.2000).

11
Martindale v. Stategreen
wyo · 2001 · cited in 1 Wyoming opinions naming this issue, 2002–2002
2 sentences

2002Martindale v. State, 2001 WY 52, ¶ 11 , 24 P.3d 1138, 1141 (Wyo.2001); Buckles v. State, 998 P.2d 927, 930 (Wyo. 2000).

2002Martindale v. State, 2001 WY 52, ¶ 11 , 24 P.3d 1138, 1141 (Wyo.2001); Buckles v. State, 998 P.2d 927, 930 (Wyo. 2000).

11
Frederick v. Stategreen
wyo · 1999 · cited in 1 Wyoming opinions naming this issue, 1999–1999
2 sentences

1999Frederick v. State, 981 P.2d 494, 497 (Wyo.1999).

1999Frederick v. State, 981 P.2d 494, 497 (Wyo. 1999).

11
Yung v. Stategreen
wyo · 1995 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11
Witt v. Stategreen
wyo · 1995 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11
Frias v. Stategreen
wyo · 1986 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11
Vigil v. Stategreen
wyo · 1993 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11
Dice v. Stategreen
wyo · 1992 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11
People v. Genningsgreen
colo · 1991 · cited in 1 Wyoming opinions naming this issue, 1997–1997
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Goettl v. State green
wyo · 1992
2 sentences

1999In applying the totality of the circumstances test to situations involving a confidential informant’s tip, we consider: “(1) the sufficiency of the information set forth in the informant’s tip; (2) the prediction of future activity or events by the informant; and (3) some corroboration of the current and predicted future events by the police officers.” Goettl, 842 P.2d at 554 .

1999In applying the totality of the circumstances test to situations involving a confidential informant’s tip, we consider: “(1) the sufficiency of the information set forth in the informant’s tip; (2) the prediction of future activity or events by the informant; and (3) some corroboration of the current and predicted future events by the police officers.” Goettl, 842 P.2d at 554 .

21999–1999
Dimino v. State green
wyo · 2012
2 sentences

2019Dimino v. State , 2012 WY 131 , ¶¶ 17-22, 286 P.3d 739 , 744-45 (Wyo. 2012) (finding the odor of marijuana alone to be sufficient to justify a prolonged detention but analyzing additional circumstances to conclude that all of the factors, together, justified the officer's reasonable suspicion).

2019Dimino v. State , 2012 WY 131 , ¶¶ 17-22, 286 P.3d 739 , 744-45 (Wyo. 2012) (finding the odor of marijuana alone to be sufficient to justify a prolonged detention but analyzing additional circumstances to conclude that all of the factors, together, justified the officer's reasonable suspicion).

12019–2019
Wilson v. State green
wyo · 1994
2 sentences

2002Wilson, 874 P.2d at 220-26 . [¶ 69] The lesson to be learned from these cases is that resolution of a search and seizure issue in the context of an investigatory stop that becomes an arrest requires application of a totality of the circumstances test.

2002Wilson, 874 P.2d at 220-26 . [169] The lesson to be learned from these cases is that resolution of a search and seizure issue in the context of an investigatory stop that becomes an arrest requires application of a totality of the circumstances test.

12002–2002
Garcia v. State green
wyo · 1989
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11997–1997
Black v. State green
wyo · 1991
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11997–1997
Stone v. State green
wyo · 1987
1 sentence

1997People v. Gennings, 808 P.2d 839, 845 (Colo.1991); see also Yung, 906 P.2d at 1034 ; Witt v. State, 892 P.2d 132, 139-40 (Wyo.1995); Vigil v. State, 859 P.2d 659, 665 (Wyo.1993); Dice v. State, 825 P.2d 379, 386 (Wyo.1992); Black, 820 P.2d at 971-72 ; Garcia, 777 P.2d at 607 ; Stone, 745 P.2d at 1348 ; Frias v. State, 722 P.2d 135, 142 (Wyo.1986). iSuppression Decision In its decision letter, the district court did not delineate the evidence it believed was significant to a totality of the circumstances analysis but did indicate its attention was focused on the second interview in which Evans

11997–1997
Roderick v. State green
wyo · 1993
2 sentences

1995Roderick, 858 P.2d at 546 .

1995Roderick, 858 P.2d at 546 .

11995–1995
Alabama v. White green
scotus · 1990
2 sentences

1992Applying a totality of the circumstances test to ask whether the tip, as corroborated, "exhibited sufficient indicia of reliability to provide reasonable suspicion * * *" justifying an investigatory stop, White, 496 U.S. at 327 , 110 S.Ct. at 2414 , I believe we see only an attempt on Agent Hughes' part to offer conforming testimony.

1992Applying a totality of the circumstances test to ask whether the tip, as corroborated, "exhibited sufficient indicia of reliability to provide reasonable suspicion * * *" justifying an investigatory stop, White, 496 U.S. at 327 , 110 S.Ct. at 2414 , I believe we see only an attempt on Agent Hughes' part to offer conforming testimony.

11992–1992
Best v. State green
wyo · 1987
2 sentences

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied ___ U.S. ___, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth's statements.

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied — U.S. -, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth’s statements.

11988–1988
Bueno-Hernandez v. State green
wyo · 1986
2 sentences

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied ___ U.S. ___, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth's statements.

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied — U.S. -, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth’s statements.

11988–1988
Nelson v. Solem green
scotus · 1987
2 sentences

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied ___ U.S. ___, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth's statements.

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied — U.S. -, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth’s statements.

11988–1988
Matarese v. LeFevre green
scotus · 1987
2 sentences

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied ___ U.S. ___, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth's statements.

1988This case is similar to Best v. State, Wyo., 736 P.2d 739 (1987), and Bueno-Hernandez v. State, Wyo., 724 P.2d 1132 (1986), cert. denied — U.S. -, 107 S.Ct. 1353 , 94 L.Ed.2d 523 (1987), and we support the decision of the trial court as to the limited admissibility of Cutbirth’s statements.

11988–1988

Where else courts name it

PA 630 (1972–2026) OH 373 (1984–2026) TX 296 (1971–2026) IL 179 (1974–2026) NC 174 (1978–2026) NJ 166 (1983–2026) CA 147 (1977–2026) TN 133 (1971–2026) LA 106 (1978–2025) MN 99 (1983–2025) GA 96 (1976–2026) WA 93 (1982–2026) AL 90 (1977–2025) CO 89 (1981–2026) FL 89 (1981–2025) WI 88 (1973–2026) ID 77 (1979–2026) MD 77 (1975–2026) KS 75 (1976–2026) VA 74 (1986–2026) CT 68 (1982–2026) MI 68 (1970–2026) MS 57 (1985–2026) ND 57 (1988–2023) IN 52 (1983–2026) UT 48 (1980–2026) IA 46 (1970–2025) MT 43 (1984–2024) AR 41 (1983–2024) NE 40 (1983–2026) ME 40 (1979–2022) MO 38 (1966–2025) DE 34 (1978–2026) NM 33 (1990–2026) MA 33 (1983–2026) NH 32 (1980–2023) AZ 32 (1982–2023) SC 32 (1985–2023) HI 32 (1994–2025) KY 30 (1999–2026) DC 27 (1976–2026) RI 26 (1984–2026) SD 25 (1980–2019) NY 23 (1981–2025) VT 22 (1987–2023) OR 18 (1982–2026) NV 17 (1986–2026) WY 11 (1988–2022) WV 11 (1978–2021) OK 8 (1979–2021) AK 6 (1987–2019) VI 3 (2009–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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